Gregory Fosheim

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Gregory E. Fosheim provides counsel on a wide array of corporate, transactional and regulatory compliance matters across the healthcare and life sciences industry. Drawing on his extensive laboratory and public health background and insight, he regularly advises on clinical and diagnostic laboratory matters, anatomic pathology and fertility laboratory compliance. Greg also represents hospitals, health systems and physician practice management companies in all aspects of transactional and operational matters, particularly those with regulatory, licensing, accreditation and policy considerations, and he has negotiated several acquisitions and sales of proton therapy centers. Read Gregory Fosheim’s full bio.

HHS Publishes New Rights of Conscience Final Rule


By , , and on Mar 28, 2024
Posted In Employee Benefits, Health and Welfare Plans

On January 11, 2024, the US Department of Health and Human Services (HHS) published its new final rule governing federal healthcare conscience protection statutes. The 2024 final rule, which went into effect March 11, 2024, repeals the majority of the prior final rule from 2019 that was found to be unlawful by three federal courts...

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New Proposed Rules Aim to Enhance Healthcare Accessibility for People With Disabilities


By , and on Feb 27, 2024
Posted In Employee Benefits, Health and Welfare Plans

The US Department of Health and Human Services and the US Department of Justice recently published new proposed rules that update and create various requirements under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990. What are some of the biggest changes? Read more here.

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New Illinois Protections Against Patient Medical Debt May Also Help Reduce Hospital Bad Debt


By , and on Jan 9, 2024
Posted In Employee Benefits, Health and Welfare Plans

The Protect Illinoisans from Unfair Medical Debt bill will require Illinois hospitals to take a much more active role in limiting consumers’ medical debt. The bill puts into place four primary requirements designed to reduce the medical debt burden of individuals receiving care. These requirements will apply to services provided on or after June 29,...

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HHS Proposes Updates to Disability Nondiscrimination Regulations for First Time in Nearly 50 Years


By on Nov 2, 2023
Posted In Employee Benefits, Health and Welfare Plans



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HHS Issues Proposed Rule Under Section 1557 of the Affordable Care Act: Nondiscrimination in Health Programs and Activities


By , , and on Aug 18, 2022
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans

On August 4, 2022, the US Department of Health and Human Services (HHS) issued a Notice of Proposed Rulemaking (NPRM or proposed rule) to reinterpret section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the basis of race, color, national origin, sex, age or disability in a health program or activity, any...

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Biden Administration Takes Action to Improve Competition, Transparency and Quality for Hospitals and Nursing Homes


By , , and on Jul 14, 2022
Posted In Employee Benefits, Health and Welfare Plans

The Centers for Medicare & Medicaid Services (CMS) recently published detailed databases summarizing changes of ownership of Medicare-enrolled hospitals and skilled nursing facilities (SNFs). The databases currently include information from 2016 to 2022, but the data will be updated and released quarterly. CMS also released the skilled nursing facility prospective payment system (SNF PPS) proposed...

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Biden Administration Foreshadows Impending Nursing Home Quality Reforms


By , and on Apr 7, 2022
Posted In Benefit Controversies, Digital Health, Employee Benefits, Employment, Health and Welfare Plans, Labor

On February 28, 2022, the White House issued a fact sheet outlining several efforts aimed to increase safety, accountability, oversight and transparency in the senior services industry (Fact Sheet). Although the Fact Sheet’s initiatives have not yet been implemented, President Biden reiterated his administration’s focus on nursing home reform during his March 1, 2022, State...

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UPDATE: CMS Issues COVID-19 Vaccination Interim Final Rule for Healthcare Facilities


By , , and on Dec 2, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

On November 16, 2021, 12 states—Montana, Alabama, Arizona, Georgia, Idaho, Indiana, Louisiana, Mississippi, Oklahoma, South Carolina, Utah and West Virginia—filed a complaint in the US District Court for the Western District of Louisiana requesting that the Interim Final Rule with comment period (IFR) that put in place the vaccination mandate applicable to certain covered healthcare...

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“Because of Bostock” – Court Delays HHS Rule Re-interpreting Section 1557 Discrimination “Because of Sex”


By , , and on Aug 25, 2020
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans

One day before an updated rule of the US Department of Health and Human Services regarding Section 1557 of the Patient Protection and Affordable Care Act took effect, the US District Court for the Eastern District of New York ordered a stay and issued a preliminary injunction precluding the most recent final rules from becoming...

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HHS Finalizes Anti-Discrimination Revisions to ACA Section 1557


By , , and on Jul 14, 2020
Posted In Benefit Controversies, Health and Welfare Plans

On June 12, 2020, the Office for Civil Rights (OCR) of the US Department of Health and Human Services (HHS) finalized a rule under Section 1557 of the Patient Protection and Affordable Care Act (the 2020 Final Rule) that rescinds certain protections afforded to LGBTQ individuals and persons with limited English proficiency. At the same...

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